Sentencing and Conventional Number Preferences: A Research Note

Prior research on sentencing has shown that judges rely heavily on “conventional number preferences” (CNPs), often defaulting to certain “preferred” sentences, e.g., three years, four years, five years, etc., that come easily to mind. Data from Wisconsin confirm that its judges, virtually unbound in their discretion, are likewise heavily influenced by CNPs, with 10 prominent sentences explaining almost all non-probation felony sentences. Wisconsin currently spends nearly $2,300 per prisoner, per month. Strong preferences for three-, four-, and five-year sentences, when shorter terms would suffice, cost the state millions of dollars each year. Additionally, CNPs may result in disproportionate sentences for offenders who commit the same crime.